Date: 11-21-2020

Case Style:

Case Number: 4:19-cr-00188-RSB-CLR

Judge: R. Stan Baker

Court: United States District Court for the Southern District of Georgia (Chatham County)

Plaintiff's Attorney: United States District Attorney’s Office, Savannah, Georgia

Defendant's Attorney:

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Description: Savannah, Georgia criminal defense lawyer represented defendant charged with possesison of a sawed-off shotgun.

Anthony Polk, 32, of Savannah, was sentenced to 115 months in prison byafter pleading guilty to Possession of a Firearm by a Convicted Felon, Polk will be required to serve three years of supervised release. There is no parole in the federal system.

“Anthony Polk’s long history as a criminal on our streets ends with this prison sentence,” said U.S. Attorney Christine. “In federal courts, gun crimes earn hard time.”

Polk was arrested by Savannah Police officers in October 2018 after a woman reported Polk pointed a firearm at her. She had agreed to give him a ride in exchange for $10, and when she later asked for the money he instead brandished a gun. She was able to contact police, who found Polk in her vehicle with a loaded, sawed-off shotgun in his backpack.

“The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) considers Savannah Police Department a critical partner in its long-term mission of removing criminals from our communities,” said Beau Kolodka, Assistant Special Agent in Charge of the Atlanta Field Division of the ATF.

18 U.S.C. § 922(g)(1) Possession of a Firearm by a Prohibited Person

See: 01/17/2020 MOTIONS as to Anthony Polk REFERRED to Magistrate Judge: 19 MOTION in Limine. (evk) (Entered: 01/17/2020)
01/17/2020 Motions No Longer Referred as to Anthony Polk: 19 MOTION in Limine. (jrb) (Entered: 01/17/2020)
01/17/2020 Reset Hearing as to Anthony Polk (*TIME CHANGE ONLY*): The Pretrial Conference that is currently for 1/30/2020 4:00 PM is RESET for 1/30/2020 11:00 AM in Savannah - 1st Floor before District Judge R. Stan Baker. (pmh) (Entered: 01/17/2020)
01/22/2020 20 MOTION for Extension of Time to File Voir Dire and Jury Instructions by William Joseph Turner as to Anthony Polk. Responses due by 2/5/2020. (Turner, William) (Entered: 01/22/2020)
01/23/2020 21 RESPONSE to Motion by USA as to Anthony Polk re 20 MOTION for Extension of Time to File Voir Dire and Jury Instructions (Groover, Tania) (Entered: 01/23/2020)
01/23/2020 22 ORDER granting 20 Motion for Extension of Time to File as to Anthony Polk. Therefore, it is hereby ordered that each party shall have up to and including January 27, 2020, to file the party's requested voir dire, jury instructions, and verdict form. Signed by District Judge R. Stan Baker on January 23, 2020. (pmh) (Entered: 01/23/2020)
01/24/2020 23 NOTICE OF PLEA AGREEMENT by USA (Groover, Tania) (Entered: 01/24/2020)
01/27/2020 24 TEXT ORDER EXTENDING DEADLINES as to Anthony Polk re 23 Notice of Plea Agreement filed by USA. In consideration of the Plea Agreement, the Court hereby sua sponte CONTINUES the pretrial conference, jury selection and trial, and all associated deadlines set forth in the Criminal Trial Management Order until further Order of the Court. This Court will conduct a hearing in this matter pursuant to Federal Rule of Criminal Procedure 11 on January 30, 2020. Signed by District Judge R. Stan Baker on January 27, 2020. (pmh) (Entered: 01/27/2020)
01/27/2020 Terminate Hearings as to Anthony Polk: The Pretrial Conference that is currently for 1/30/2020 11:00 AM and the Jury Selection and Trial that is currently set for 2/11/2020 09:00 AM are CANCELLED. (pmh) (Entered: 01/27/2020)
01/27/2020 NOTICE OF HEARING as to Anthony Polk. Change of Plea Hearing set for 1/30/2020 11:00 AM in Savannah - 1st Floor before District Judge R. Stan Baker. (pmh) (Entered: 01/27/2020)
01/30/2020 25 CHANGE OF PLEA entered by Anthony Polk (1) Guilty Count 1. (JH) (Entered: 01/30/2020)
01/30/2020 26 PLEA AGREEMENT as to Anthony Polk. (JH) (Additional attachment(s) added on 2/7/2020: # 1 Order Accepting Plea) (JH). (Entered: 01/30/2020)
01/30/2020 27 Minute Entry for proceedings held before District Judge R. Stan Baker: Change of Plea Hearing as to Anthony Polk held on 1/30/2020. (Court Reporter Kelly McKee.) (pmh) (Entered: 01/30/2020)
01/30/2020 Plea Agreement Accepted as to Anthony Polk. (JH) (Entered: 02/07/2020)
02/07/2020 ORAL ORDER directing the preparation of the Presentence Investigation Report as to Anthony Polk. The Court hereby ORDERS that the United States Probation Office shall file the Initial Presentence Investigation Report Disclosure on or before April 2, 2020. Counsel will only receive Presentence Investigation Reports electronically via CM/ECF and will not receive a paper copy of any report. The Court ORDERS counsel and the parties to maintain the confidentiality of the Presentence Investigation Report and any objections and addendums thereto. The Presentence Investigation Report and any objections and addendums thereto should only be disclosed to and reviewed by Defendant, counsel for Defendant (to include any investigator, expert or other assistant hired by counsel), the United States Attorney's Office, the United States Probation Office, and the Court. To that end, if Defendant is detained, counsel may print a copy of the Presentence Investigation Report and any objections and addendums thereto to review with Defendant. However, counsel shall not leave a copy of the Presentence Investigation Report and any objections and addendums thereto with a detained defendant. To the extent that counsel deems it necessary to leave the Presentence Investigation Report or a portion thereof with a detained defendant, counsel may file a motion with the Court. Within 14 days after receiving the Initial Presentence Investigation Report, each party must state in writing and file on the record in a restricted manner any objections, including objections to material information, sentencing guideline ranges, and policy statements contained in or omitted from the initial report. If any party has no such objections, the party shall state the same in writing and file a statement of no objections on the record in a restricted manner within 14 days of receiving the initial report. To be clear, within 14 days of receiving the initial report, counsel must state in writing and file on the record in a restricted manner whether the party has objections or does not have objections to the initial report. Counsel shall file any sentencing memorandums, victim impact statements, letters, and similar sentencing materials on or before May 6, 2020. This Court will hold a Sentencing Hearing in this case on May 12, 2020.

NOTICE TO COUNSEL: Important Information regarding the Presentence Investigation Report and filing requirements. CLICK HERE TO READ.
This information can also be accessed on the Court's website under the "Forms" tab and is labeled "Judge Baker - Instructions and Forms." Entered by District Judge R. Stan Baker on January 30, 2020. (pmh) (Entered: 02/07/2020)
02/07/2020 ORAL ORDER OF CONTINUED DETENTION as to Anthony Polk. Pursuant to 18 U.S.C. § 3143(a), the Court hereby ORDERS that Defendant shall remain detained while awaiting imposition of sentence. Defendant is committed to the custody of the Attorney General or a designated representative for confinement in a corrections facility separate, to the extent practicable, from persons serving sentences or held in custody pending appeal. Defendant must be afforded a reasonable opportunity to consult privately with defense counsel. On order of the Court or on request of an attorney for the Government, the person in charge of the corrections facility must deliver Defendant to the United States Marshal for a court appearance. Entered by District Judge R. Stan Baker on January 30, 2020. (pmh) (Entered: 02/07/2020)
02/07/2020 NOTICE OF HEARING as to Anthony Polk. Sentencing set for 5/12/2020 10:30 AM in Savannah - 1st Floor before District Judge R. Stan Baker.

NOTICE TO COUNSEL: Important Information regarding the Presentence Investigation Report and filing requirements. CLICK HERE TO READ.
This information can also be accessed on the Court's website under the "Forms" tab and is labeled "Judge Baker - Instructions and Forms." (pmh) (Entered: 02/07/2020)
02/07/2020 28 Notice to Counsel Response (Groover, Tania) (Additional attachment(s) added on 2/10/2020: # 1 Correct image) (jrb). (Entered: 02/07/2020)
02/11/2020 29 ORDER dismissing re 19 Motion in Limine as to Anthony Polk (1). Signed by Magistrate Judge Christopher L. Ray on 2/11/2020. (loh) (Entered: 02/11/2020)
03/24/2020 30 Initial Presentence Investigation Report as to Anthony Polk (USPO) (Entered: 03/24/2020)
04/03/2020 31 NO OBJECTION TO PRESENTENCE INVESTIGATION REPORT by USA as to Anthony Polk (Groover, Tania) (Entered: 04/03/2020)
04/13/2020 32 Final Presentence Investigation Report as to Anthony Polk (USPO) (Entered: 04/13/2020)
04/28/2020 33 ORDER FOR HEARING BY ELECTRONIC MEANS as to Anthony Polk. Upon consent of Defendant, the Court will hold the Sentencing hearing via electronic means. Signed by District Judge R. Stan Baker on April 28, 2020. (Attachments: # 1 FORM - Defendant's Statement re Hearing by Electronic Means, # 2 Instructions and Procedures for Hearings by Electronic Means) (pmh) (Entered: 04/28/2020)
05/05/2020 34 DEFENDANT'S STATEMENT regarding appearance via Electronic Means by Anthony Polk. Defendant does not consent to appearing via electronic means for the Sentencing hearing. (Turner, William) (Additional attachment(s) added on 5/8/2020: # 1 Corrected Document) (JH). (Entered: 05/05/2020)
05/06/2020 Terminate Hearing as to Anthony Polk: The Sentencing that is currently set for 5/12/2020 10:30 AM is CONTINUED until further notice. When the Court reschedules the Sentencing in this case, it will also reschedule the deadline for the parties to file any sentencing memorandums, victim impact statements, letters, and similar sentencing materials. (pmh) (Entered: 05/06/2020)
07/20/2020 35 MOTION for Leave of Absence as to USA for dates of : July 27-31, 2020 by on behalf of USA. Responses due by 8/3/2020. (Attachments: # 1 Text of Proposed Order)(Groover, Tania) (Entered: 07/20/2020)
07/21/2020 MOTIONS as to Anthony Polk REFERRED to Magistrate Judge: 35 MOTION for Leave of Absence as to USA for dates of : July 27-31, 2020. (JH) (Entered: 07/21/2020)
07/21/2020 36 ORDER granting 35 Motion for Leave of Absence for attorney Tania Groover for the dates of July 27-31, 2020 as to Anthony Polk (1). Signed by Magistrate Judge Christopher L. Ray on 7/21/20. (wwp) (Entered: 07/21/2020)
07/29/2020 37 ORDER FOR HEARING BY ELECTRONIC MEANS as to Anthony Polk. Upon consent of Defendant, the Court will hold the Sentencing hearing via electronic means. Signed by District Judge R. Stan Baker on 7/29/20. (Attachments: # 1 FORM - Defendant's Statement re Hearing by Electronic Means, # 2 Instructions and Procedures for Hearings by Electronic Means) (jrb) (Entered: 07/29/2020)
08/11/2020 38 DEFENDANT'S STATEMENT regarding appearance via Electronic Means by Anthony Polk. Defendant does not consent to appearing via electronic means for the Sentencing hearing. (Turner, William) (Entered: 08/11/2020)
10/05/2020 NOTICE OF HEARING as to Anthony Polk. Sentencing set for 10/15/2020 at 03:00 PM in Savannah - 1st Floor before District Judge R. Stan Baker. Counsel shall file any sentencing memorandums, victim impact statements, letters, and similar sentencing materials on or before October 9, 2020.

NOTICE TO COUNSEL: Important Information regarding the Presentence Investigation Report and filing requirements. CLICK HERE TO READ.
This information can also be accessed on the Court's website under the "Forms" tab and is labeled "Judge Baker - Instructions and Forms."

For public access to this hearing, please dial 888-684-8852, and enter the call access code: 9717475.
(jrb) (Entered: 10/05/2020)
10/08/2020 39 MOTION to Continue October 15, 2020 Sentencing by William Joseph Turner as to Anthony Polk. Responses due by 10/22/2020. (Turner, William) (Entered: 10/08/2020)
10/09/2020 40 RESPONSE to Motion by USA as to Anthony Polk re 39 MOTION to Continue October 15, 2020 Sentencing (Groover, Tania) (Entered: 10/09/2020)
10/13/2020 41 TEXT ORDER granting 39 Defendant's Unopposed Motion for Continuance as to Anthony Polk. Therefore, the Sentencing Hearing that is currently set for October 15, 2020, is continued to October 20, 2020. Signed by District Judge R. Stan Baker on October 13, 2020. (pmh) (Entered: 10/13/2020)
10/14/2020 42 ORDER REGARDING IN-PERSON HEARINGS before the Honorable R. Stan Baker in light of the Coronavirus (COVID-19) Pandemic. (4:20-mc-5) Please read important information elucidating the requirements for Judge R. Stan Baker's in-person hearings. Individuals that do not abide by the requirements will not be admitted to the hearing. CLICK HERE TO READ. (pmh) (Entered: 10/14/2020)
10/14/2020 Reset Hearing as to Anthony Polk: The Sentencing that is currently set for 10/15/2020 03:00 PM is RESET for 10/20/2020 02:00 PM in Savannah - 1st Floor before District Judge R. Stan Baker. Any sentencing memorandums, victim impact statements, letters, and similar sentencing materials are due on or before 10/16/2020.

NOTICE TO COUNSEL: Important Information regarding the Presentence Investigation Report and filing requirements can be accessed on the Court's website under the "Forms" tab and is labeled "Judge Baker - Instructions and Forms."

For public access to this hearing, please dial 888-684-8852, and enter the call access code: 9717475.
(pmh) (Entered: 10/14/2020)
10/20/2020 43 Minute Entry for proceedings held before District Judge R. Stan Baker: Sentencing not held on 10/20/2020 for Anthony Polk. Hearing continued to a later date TBD by the Court. (Court Reporter Kelly McKee.) (pmh) (Entered: 10/20/2020)
10/28/2020 Set/Reset Hearing as to Anthony Polk: Sentencing is set for 11/17/2020 02:00 PM in Savannah - 1st Floor before District Judge R. Stan Baker. Counsel shall file any sentencing memorandums, victim impact statements, letters, and similar sentencing materials on or before November 11, 2020.

NOTICE TO COUNSEL: Important Information regarding the Presentence Investigation Report and filing requirements can be accessed on the Court's website under the "Forms" tab and is labeled "Judge Baker - Instructions and Forms."

For public access to this hearing, please dial 888-684-8852, and enter the call access code: 9717475.
(pmh) (Entered: 10/28/2020)
10/28/2020 44 ORDER FOR HEARING BY ELECTRONIC MEANS as to Anthony Polk. Upon consent of Defendant, the Court will hold the sentencing hearing via electronic means.Signed by District Judge R. Stan Baker on October 28, 2020. (Attachments: # 1 Defendant's Statement re Hearing by Electronic Means, # 2 Instructions and Procedures for Hearings by Electronic Means) (pmh) (Entered: 10/28/2020)
11/16/2020 45 OBJECTION TO PRESENTENCE INVESTIGATION REPORT by W. Joseph Turner as to Anthony Polk (Turner, William) (Entered: 11/16/2020)
11/17/2020 46 Revised Final Presentence Investigation Report as to Anthony Polk (USPO) (Entered: 11/17/2020)
11/17/2020 47 Minute Entry for proceedings held before District Judge R. Stan Baker: Sentencing held on 11/17/2020 for Anthony Polk. (Court Reporter Kelly McKee.) (pmh) (Entered: 11/17/2020)

Outcome: Defendant was sentenced to 115 months in prison followed by three years of supervised release.

Plaintiff's Experts:

Defendant's Experts:

Comments: